commercially and not in a utilitarian way but an emotio l emotional, psychological, spiritual way if we watch them one by one disappear. >> this is sort of a merger between art and science and advocacy in a funny way getting people to wake unand realize what is going on -- wake up and realize what is going on. so it is a memborial trying to get us to interpret history and look to the past. they have always been about lacking at the past so we proceed forward and maybe don't commit the same mistakes. francisco entertainment commission occurring december 4, 2012 will begin shortly. >> mr. king, called the roll. >> commissioner lee? >> here. >> commissioner tobacco?

commissioner tan? >> here. >> and akers. >> here. >> and commissioner i believe, newlin is excused this evening. >> and commissioner perez is also excused. >> thank you. >> and so, we are going to make adjustments to the agenda. we are going to move permits up to the first order of business commissioners. followed by public comment. and we are going to continue the executive director's report. and read in the police department comments and questions. >> okay. so moving right along to hearing possible option regarding application for permit for the commission, 4 a. pablo patino, doing business as taqueria guadalajara. 4798 mission street for an

extended hours permit. you are up. >> taqueria guadalajara is a privately opened restaurant, and they have a abc license and this application will allow them to operate after two and before six and they recommend approving this with eleven proposed conditions which are attached at the front of your packet. >> and the applicant here? >> hello? >> all right. >> turn the mic on. >> technical difficulties.

>> hello? >> i apologize. >> hi my name is pablo patino. and i am here applying for an extended hours on my premises. i have a fast food restaurant and we serve tacos, burrittons and nachos to the customer and i would would like to extend my hours close to 3:30 on thursdays and friday, i am sorry, thursday at 3:00, friday 3:30, saturday 3:30, and sunday, 3:00 in the morning. >> have you seen the police conditions?

>> yes, i already with... i forgot. officer mccarthy, regarding. i can hire a security guard. we are licensed to operate. and after midnight, that will help to protect my customers as well. >> are you going to be playing music in >> yes. >> are you going to be playing music? >> only food. >> okay, thank you. >> thank you very much. >> why don't you have a seat in >> thank you. >> officer? >> commissioners, i'm officer william mccarthy. and i'm the permit officer. i had a chance to meet with mr. patino and i believe the permit. and i ran the crime stats for year to date, and taken the

time frame from 6:00 p.m. to 6:00 in the morning. and the 7 months or so, i am sorry, ten months time period there was 117 a part one crimes as well as public intoxication and dui. 39 were thefts and there were 37 vehicle thefts and 13 assault and 13 robberies and 4 burglaries, and two warrant arrests and two duis and two sexual offenses and two public drunkenness. and so based on those stats, i am respectfully requesting that you approve the conditions that are before you. >> okay. condition number eleven, is we grant permits here, and we take them away. and so we are the only people to do that, so i feel like condition number eleven will

have to be struck. other than that... all right, thank you. >> thank you. >> i will open the floor to public comment. seeing none, public comment is closed. commissioners? >> i have a question about condition number one. your extended hours permit should only be granted on thursday, friday, saturday and sunday from 2:00 to 3:30. okay. so that is all of those nights that you can go until 3:30 even if he wants to go to 3:00. >> right. >> just wanted to make sure. >> anybody else? >> a motion somebody? >> i move to approve. >> minus condition number eleven as set by the police. >> okay, second. >> we have a motion and a second. any further discussion? >> commissioner akers?

>> aye. >> commissioner lee? >> aye. >> aye. >> aye. >> aye. >> good luck. >> and i am going to mess this up. >> atique rehman doing business as naan-n-curry, 336 ofarrell extended hours. >> it is a restaurant serving indian and pakistani food. this is an application to operate after 2:00 and before 6:00 and recommend approval. with five proposed conditions which are attached in your packet. >> commissioner tell us a little bit about your business operation. >> good evening, my name is robbie, acting general manager for naan-n-curry. and actually, it took a little time to put together a

presentation to just kind of tell you about what naan-n-curry is. it comes to a lot of surprise, but this restaurant has been at this location for approximately 9-plus years now and going on a decade as you can see. we serve indian and pakistani cuisine. one of the things that makes this restaurant important to the local community is that it serves the food which is kosher and vagan and vegetarian and which is some what of an odd where you know which places have this type of service out there and it has been doing that for over close to ten years, at this location and i think that the following two years prior to that at a different location in the area. we have actually unbenounsed to the ownership, they were not

needing the fact that they needed to extend the hours, at one point, this restaurant has operated as 24-7 and then cut the hours down to four. and as of april of this year, naan-n-curry applied for a beer and wine liquor license after a very long time and satisfied a lot of customer and tourists that were looking for alcohol beverages to be served with their food. and we finally went and applied for and received that with the blessing of the local police department and the district. and we actually are right now in the process of basically, trimming our staff and have been doing that for a long time. and to make sure that we are in compliance with the abc department which is important. sometimes the employees in the area, and all of that, but we are trying to request to make

that happen on a daily basis, by training employees. this is serving local clientele and communities and one of the few restaurants that serves and delivers to 3:30 in the morning. and it includes local students and tourist and business, and corporations, and service industry. and again, the foods that we serve, it does appeal to the kosher people that like eating the food. they don't have a lot of options out there. we serve to the indian community, which is a huge, huge population now in san francisco. and we serve them vegetarian and vegan which is a stricter diet, i guess. and we actually prepare the food fresh. so nothing is deep fried or made that was frozen and reserved. so it will take a little more

effort on our part to actually produce this food and it will take a while to deliver and take a while to sit and seat the meal as well. so it is a little bit different than the restaurants around the corner from us. so it happens and that we are in a strange situation where we actually have four 24/7 restaurants half a block away from us. i actually drew a map in the back and so you could go to slide six or seven and a map that shows that we are next to the cafe, and jack in the box at 24/7 and cafination and a diner. by, or most of the time, this restaurant is a very quiet, family, with children running around, that kind of a place. unfortunately, we are also some what have to be on the weekends between the hours of 2:00 to 4:00 a crowd that comes out of

clubs and ambassadors and they are some what intoxicated, some of them ar, absolutely. some of them are just trying to get sober and before they get behind the wheel. they want to basically have a meal... >> sorry. >> it is fine. >> we have no all a lot of problems because again, ten years, no issues, recently because we have been strict with our clientele, especially those that were regulars, have felt that they are entitled to something, and what they are bringing in the restaurant and monitoring how they are behalfing if they are not removing them out of here and it is not sitting well with some of them. i think that mr. king asked a good question, application, and you have been selling food over here for almost ten years and why not? and what caused this problem? and it is the best question. because we are not letting people get away with this.

>> okay. >> all right. >> i just want to make sure that we were able to communicate where we are coming from and the fact that it is not something new that we are doing, we have been doing it for almost ten years at this location. and unfortunately, by getting our or enforcing some of these issues, we are making some enemies and not a lot of friends by some of the old clients. >> i have a couple of questions for you, have you seen the police conditions? >> we have not. >> the police say that they want you closed by 3:00 a.m.. those are the police conditions. and i have a couple of questions, first of all i want to say that ignorance of the law is no excuse. and you have been in business nine years at that location and for nine years you have needed an extended hours permit. also, you can't blame your employees for not acting right because the buck stops with the

managers and the employer. and you have to take responsibility for that. and if you have a beer and wine license, which is an abc permit, you are not supposed to let intoxicated people into your place. that is... it is just you are not supposed to, period. as long as you have a license. having said that, i wanted to ask you about three notices of violation that you got dated october 16th, and noticing that you were in violation of 1060 and 1070, where a permit is required and also, noise ordinance. and then, you had another one and you continued to operate even though you were given a notice of violation. and you got another notice of violation on november 11th. at 2:30 in the morning and also a violation of 1070.1 which is

the extended hours permit and you continued to operate in the following week on november 18th. you got another notice of violation. so even though you were noticed that you operating in violation of the code, you continued to operate and i'm curious to know why. >> simple, misunderstanding there, i believe. we were trying to close at 2:00, mr. king was very... we actually requested if we could continue to operate until we could get the permit done. >> he said no you should close at 2:00 but we do not have a problem with delivery or take away foods. >> that is what we were doing. >> i am new to this industry. >> that is your answer? >> that you were doing only take away foods? >> that is what we were working on and as i said earlier, the indian food is complicated when it comes to if you take an order... >> sir that is not the case. do you remember me coming to your establishment? >> yes, i do. >> you were given a notice of

violation on october 16th and when i was there, which was the following month, i am sorry, which was the following week, you were still operating people were sitting down, and there were open beer bottles at 2:30 in the morning and open bottles of wine behind your bar and you were still serving food and allowing people to come in and sit down and sit at the tables and eat. so you acted in defiance of the notice of violation. i would like you to explain that. >> i apologize to that. that was the night... it was the first time i think that the entertainment commission came to the place. i was off that day i had just walked in and five minutes later, i think that the commissioner walked in at that time. we apologize. you know, i think that there is a little bit of misunderstanding when it comes to letting or closing the place down, where i have stood myself outside. three saturdays in a row not

letting people in, we have been in trouble and told that they have... but the fact is what my understanding is that we do not let any customer come in we are just letting people exit out of the door. i will claim ignorance, and you said that it is not a defense as you said earlier all that i can do is apologize and say that what we want to do is move forward. >> and so i want to bring a couple of other things up. sir, can you explain that was the violation that you were given on 10-16 and then was on 10-21, you were operating in violation and on 10-28, the following week there is a cab report about a big fight both inside and outside of your restaurant, the police were there? >> christmas... >> october 28th? >> that is the halloween weekend? >> yes. actually there were no fights commissioner. what took place is exactly what i was describing earlier, i stood at the door and we closed

all of the doors down. all of these people came from different parties around the city and wanted to get in and i would not let them in. i actually had to tell one of the officers to help me and stand there and disperse the crowd because they did not want to take no for an answer that they cannot answer the premises. >> did you have security? >> i was the only security person. >> you do understand that the extended hours permit requires security. >> that is a good question. >> it is not a question, it is a statement. >> extended requires security. >> commissioner if you look at my application you will see a proposal in there from a security agency that i had already communicated with three or four months ago trying to hire that before this issue took place. because i do recognize that we have to have security available at least from one... >> so, the officers who wrote up this report said that there were people inside and he said that numerous fights were breaking out in front of and

inside the restaurant. >> there was no fights inside the restaurant. >> i see. >> i want to contact the officer, but i was there. standing outside, and i would not let anybody in. >> okay, and again, to weeks after that, you got another notice of violation. and then a week after that you got another notice of violation,. so, all right, commissioners anybody else have questions? >> i just would like to ask you about your neighborhood out reach. >> actually i just joined the place, in april. and we have had not had a whole lot, we don't have a lot of neighbors, the only neighbors that we have are the hilton hotel and the whole block area is a parking structure. >> okay. so i just want you to know that i have received two e-mails from various organizations in that area, saying that they were very disappointed that you have not done any community out reach. and i know that there happen to be 7 or 8 neighborhood

organizations in that area and if you don't have neighbors, then neighborhood organizations watch what is going on in the area and you know, that area does have residents. it is not, you may not have them in the parking garage, where you are located, but there are a lot of residents in the area. >> commissioner hyde, i actually have spoken to mr. rehman about this, i am new at this organization and we need to work with possibly one of the places that i was looking at was to work with the church over there. and that has been in the neighborhood. and it is something that we do want to support and we want to work something over there to work with them and see how we can be a good neighbor, if you may. >> okay. >> we have not done anything, they have been for a long time and it has not been done. they do work with the local mosque and do a lot of things but not the neighborhood. >> so it is not their responsibility to contact you, it is your responsibility to contact them and have these

meetings. the alliance for district 60, the community leadership alliance all activate from that area and it is very easy to get on their agenda and easy to talk to them and that is your responsibility to do that and you know, i just want to say that on the fourth i was there. and it was well after 2:00, and you were still letting people in. and you said, oh, the time had changed. when as a neighborhood representative, i see that and you have not done out reach. i am just wondering, you know,... >> we intend to make the progress in that area, i have started talking to them and that has been done before. a lot of these, in fact, our restaurant policies is completely changing and there is a lot of fast food restaurants that have been in the that neighborhood that are not focused with the community but we are with this. we have actually... >> their intention...

>> next 60 to 90 days. >> i do want to do something for the christmas season and see if we can work up something with the church to work on something that we can do. i don't know exactly what. i am not from the entertainment industry, this is something new for me. >> i actually spent 25 years in high-tech industry and this is all new. >> this is not entertainment. you have a restaurant. this is not an entertainment permit. it is an extended hours permit. >> i stand corrected. >> commissioners, anybody else? >> basically the extended hours, even though it is not entertainment related you do impact the neighborhoods and the use of the sfpd to control what is coming in after 2:00, and as a nightclub that has extended hours, we have security that makes sure that the last person goes home. i mean, even though you are a restaurant, and i kind of know this restaurant itself. and a lot of the club clientele

does go there. >> yes >> the thing is, you know, as in passed applicants you have to have two security guards and i read that you shut down one of the exit doors which is illegal. because if you have so many people, you can't be shutting down fire escapes. >> they do and actually, that was a huge concern. we do have two exits in the back as well. and basically we just didn't have the staff to stop this crowd. sometimes it is difficult. but you are actually correct. >> another thing too is you still have a signage that says 24 hours on the outside. and you should be at least taking that off until this is resolved. >> absolutely. in fact when they change the hours we did put the new signs outside on the windows. >> it is kind of misleading. >> it is. >> it tends to have these people argue with you. >> you know, as i said, we are

making a lot of changes in the restaurant right now. one thing at a time. we just had to move the furniture and trying to go from the low end to the restaurant rather than self-service and we want to correct the problems in the past and we recognize our faults and short comings and we apologize for our past and what i would like to do is ask the commissioners hiness. >> if we grant you a permit tonight. >> yes, ma'am. >> we are going to put conditions on the permit. and one of them will be that you close at 3:00. will you close at 3:00? >> yes. 3:00 means... >> closed. >> lights out. >> means doors closed. you can stay in there and clean up. but people cannot be inside that are customers. they have to finish their food and finish eating and be out of door by 3:00. will you close at 3:00? >> if that is the decision,

absolutely. i would ask... >> do you understand that if you violate this permit we can suspend it or revoke it, in each case you will have to close at 2:00 for matter what. >> absolutely. >> i have a hard... please understand where i am coming from. although you were noticed a couple of times you continued to be very die fee ant and operate the way that you chose to operate rather than operate within the law. and that is a great concern to me and to this commission. >> i would as i said, i... take the blame on that. >> we are here for the... i have been zoned for the past that location was about ten years ago that i opened up. i opened with the intentions of having to... because most of the businesses close in our

neighborhood. my intentions was to keep it open because i have been running this business in the past 12 years, the restaurant business and i was working actually with jones. i have a very good understanding of the neighborhood because i spent about 12 and in addition to four years in the meat market to go after the restaurant business. so i had actually for the past 12 or 16 years in that neighborhood. and i mean they are all my fault and some of the family health and i respect everyone and my neighborhood. and i have a understanding of the home and every home that i know of. and they love, the way that i have, i have a bond with these guys, i have people coming in and out of the neighborhood. i have seen offices come in and out of the neighborhood. i very much good understanding with the neighborhood. my intake on this one is that i

know that in the past year i have been learning something new when i started that i was going to go into this, you know that i did not know that i was going to come across this problem, i have not been wise from square one, permit process. yes, if someone approached me ten years ago i would have gone out and applied for the permits right away. when i am pulling the permits for the restaurant no one says, i say, that i think when i wrote i asking, and always going to be operating or you just kind of go with the application, and i got the permit and all of the permit necessary, in business. along this came day-to-day that we had been forced with all of these complaints due to the alcohol that i started recently serving basically and my understanding of that is that, you know, i have been in that block for 16 years. and i have been running the business for 16 years. if you do the numbers, i have

never had any violations in terms of anything. i mean, no, i mean i have hired the brothers and i don't know what the name of the company. i mean that was years ago. that was probably three or four years ago when i hired them. i said i need you guys. and but we came into this 2:00 policy. i wanted to understanding to you... okay. five days a week i will not have a problem closing down at 3:00 on the dot and i will have the cleaning guys inside. but i want you guys to hold me out on friday and saturday night that is when we have business that comes in at 2:00 and we are going to have a line, we are going to have a lot of people in that place. >> what time are you asking for? >> okay. i want to get weekends i need 4:00, but i can get people out of there at 3:30, house cleaned. and i have been very good, i am 28 years old.

>> okay. okay. so the police are recommended 3:00, you would like 4:00, you have... let me finish. >> you compromise at 3:30. ; is that correct? for friday and saturday only? >> yes. please. >> okay. that is a reasonable thing. >> thank you. >> and i think being straight forward and cutting to the chase as you did is a presentation when trying to beat around the bush so to speak. commissioners any other questions? >> okay. everybody out by 3:30, what time is your last order? >> you know, the crowd really dies out at 3:00, and after 3:00 we don't take new customers therefore they are not going to be any problem getting people out of there, half hour, when we are taking orders on the counter the customers are told that you have to leave at 3:30. we are shutting down the lights and that warning will